Hosted Terms & Conditions

Broadband Terms and Conditions

1 Who are
Easy Teledotcom?Easy Teledotcom Ltd (‘Easy
Telecomdotcom’) is a provider of various Internet services, registered
in England and Wales (Company no.
07173227 and VAT no:
987471658). Our registered office
and principal place of business is at
75 Springfield Road, Chelmsford, Essex CM2 6JB.

These Terms set out the basis on which
Easy Teledotcomwill
provide goods and services to you. ‘Services’ will include (as
applicable)
Easy Teledotcom’s
broadband Internet connection and access, router and associated cables
and filter(s) lease services, email account and web hosting services, IP
address services, firewall services, maintenance and support services,
and such other services as are agreed in your order or as
Easy Teledotcommay
agree to provide you from time to time.

You agree, either by ticking the box next to ‘I accept the Terms and
Conditions’ on our website or by signing an order (when it is not
possible for you to place or confirm an order online) or upon delivery
of the relevant Terms to you, to be bound by these Terms.

All of
Easy Teledotcom’s
Services are available by ordering online and you place an order with
Easy Teledotcom
by following the online order process or either by calling our sales
team and placing a telephone order (although after the
Easy Teledotcom
sales team creates your online account you will still need to provide
payment details and confirm your acceptance of these Terms online before
your order is accepted) or filling in and submitting a written order
form (when it is not possible for you to place an order online). You
must be at least 18 years old when you place your order with
Easy Teledotcom.

If you wish to migrate to
Easy Teledotcom’s
Services from another provider you should request a Migration Reference
Code (“MAC key”) and, provided that the MAC key is compatible with
Easy Teledotcom's
Services, you should enter your MAC key online when you place your order
and the order will proceed as set out in these Terms without any
disruption in your broadband service. If you are unable to obtain a MAC
key from your current provider you will have to cancel your current
service contract before you can order
Easy Teledotcom’s
Services and this will lead to an interruption in your broadband service
until you can be connected to
Easy Teledotcom’s
Services. Please note that your current provider may charge cancellation
fees or other charges in connection with the termination of your current
service contract.
When ordering
Easy Teledotcom’s
Services, you must provide a valid email address and you are responsible
for maintaining and regularly checking this email address. You can
update details of your email address in the online member centre.
Easy Teledotcom will
use this email address to contact you for all purposes under these
Terms.

Once you have placed your order, we’ll send you an email confirming that
it has been received. Do bear in mind that by placing your order you are
making an offer to enter into a contract with
Easy Teledotcom for
the purchase of the relevant Service from
Easy Teledotcom under
these Terms, the terms of your order, and any other terms specified by
us.
Easy Teledotcom will
acknowledge receipt of your order and contact you if we are able to
accept your offer. Upon acceptance you enter into a contract with
Easy Teledotcom for
the purchase of the particular Service.

You agree to
Easy Teledotcom
immediately starting work on the technical and operational elements
required for the provision of the Services upon the issuance of
Easy Teledotcom’s
order acceptance. At the time of acceptance we will provide you with
further details of when we expect to be able to process your order and
connect you to
Easy Teledotcom's DSL
network.
Also, please be advised that by placing an order online, you agree that
Easy Teledotcom, or
third parties acting on our behalf, may carry out credit checks on you
using the information that you provide.

Easy Teledotcom will
provide you with a welcome pack (where appropriate if purchased or
included as part of a package), including a wireless router, adaptor,
cables and filter(s) (the ‘Equipment’).
Easy Teledotcom agrees
to loan the Equipment to you for as long as you continue to receive the
Services under these Terms. The Equipment remains the property of
Easy Teledotcom and
you will need to take good care of the Equipment while it is loaned to
you.

Upon termination of your contract, the Equipment must be returned to:
Easy Teledotcom Dot
Com,
75 Springfield Road, Chelmsford, Essex CM2 6JB.
Any Equipment not returned to us will be subject to a fee of £40 (we’ll
assume you like it so you want to keep it, and we naturally need to be
reimbursed for its replacement cost). The charge will be made to your
direct debit bank account, or card.

Please note that if you choose to keep any Equipment after we stop
providing Services, it is supplied to you ‘as is’, without warranty and
we are not able to support it via our means of communication with our
customers.

If your
Easy Teledotcom router is faulty,
Easy Teledotcom will
repair or replace it, providing the fault is not caused by abuse or
negligence while in your care. Replacement items of Equipment are
available on payment of the applicable replacement items fee(s) details
of which can be found on our website. You will need to return any faulty
or replaced items of Equipment to
Easy Teledotcom at the
address shown in the paragraph above. Do bear in mind that while the
Easy Teledotcom router
is on loan, you are only permitted to use it to connect to the
Easy Teledotcom
network, or a network approved by
Easy Teledotcom.

You will receive a number of static IP address's as chosen at signup
subject to availability, but the IP address will be re-assigned to
Easy Teledotcom or to
another
Easy Teledotcom
customer if your Internet Service is disconnected or terminated for any
reason.

Usually, with the minimum of fuss. Providing you have a serviceable BT
phone line, connection takes place in the BT exchange and there should
be no reason for a BT engineer to visit your premises. However, if a BT
engineer does need to attend your premises for any reason, either prior
to connection or during the contract period, then BT’s own charges will
apply. Obviously you agree to provide any reasonable cooperation and
assistance that may be required to get you connected.

Please be advised that when connecting your phone line to
Easy Teledotcom's
Service, there may be a temporary loss of telephone services or other
telecommunications services.
Easy Teledotcom will
do everything possible to keep this disruption to a minimum but will not
be responsible for any resulting damage, loss or costs caused.

We’ll try to make sure that you get the fastest broadband Internet
connection possible, but the actual speed will depend on your line (for
example, the distance of your premises from the BT exchange (which is
the most important factor), the quality of your copper line and
environmental line noise will all impact your actual speeds), so we
cannot guarantee that your connection will reach any specific speeds.

You may transfer from our DSL product to another DSL product at any time
by requesting a transfer online from the portal or in writing (by email,
fax or letter) whether before or after your Service has been activated.

If after receiving or accepting your order
Easy Teledotcom cannot
provide you with the Service,
Easy Teledotcom will
notify you. Your contract will terminate and any Charges you have paid
will be refunded to you as a credit to the payment card or your bank
account and any direct debit will be cancelled.

Please also be advised that
Easy Teledotcom has
the right to terminate your contract without liability after
confirmation of acceptance has been sent but before you have been
connected (i) if you fail a credit check, (ii) if we’re not able to
provide
Easy Teledotcom’s
Services to your premises by the expected connection date for any reason
or (iii) if you are not in a geographical area covered by
Easy Teledotcom. If
Easy Teledotcom ends
your contract before connection (other than as a result of your own act
or omission), any Charges you have paid will be refunded to you as a
credit to the payment card or your bank account.

In the unlikely event that we send you an email confirming a connection
date, but do not actually connect your Service for more than one (1)
month after this confirmed connection date (other than as a result of
your own act or omission), you are entitled to end your contract with
Easy Teledotcom by
sending a cancellation notice in writing. If you do so, any Charges you
have paid will be refunded to you as a credit to the payment card or
your bank account.

If you want to end your contract before you are connected for any other
reason you may do so, but you agree to pay
Easy Teledotcom all
connection Charges incurred and you will need to choose whether to
receive three (3) months of Services (and pay all Charges for the three
(3) month period) or instead choose to pay the express cancellation
administrative fee of £50 to terminate your contract.

If you wish to cancel for any other reason:

3 month notice period, and want to end your contract before you are
connected you may do so, but you agree to pay
Easy Teledotcom
all connection Charges incurred and you will need to choose whether
to receive three (3) months of Services (and pay all Charges for the
three (3) month period) or instead choose to pay the express
cancellation administrative fee of £50 to terminate your contract

While you’re connected to the
Easy Teledotcom DSL
network, you’ll need to keep your current telephone line provider. If
you change your telephone line provider you may not be able to continue
receiving
Easy Teledotcom’s
services, so please check with us before you cancel your phone line. If
you change your telephone line provider and we can’t provide the
Services to you on your new line, then our usual termination provisions
will apply (see ‘What is the contract period and how does it end?’).

If your current phone line is disconnected for any reason, we will need
to charge you a reconnection fee of £40 (as we will be required to pay a
fee for reconnecting you). If you change the details of the account for
your nominated BT phone line and this leads to BT disconnecting your
line then you will need to pay a reconnection charge to reactivate your
Services. If your
Easy Teledotcom
Service is suspended for failure to pay
Easy Teledotcom’s
Charges, we will need to charge you a reactivation fee of £10.

Unlike most ISPs it can be about as short as it gets. Our 3 Month
contract starts on the date of our acceptance email, and your Service
starts on the date that you are connected to our Service in your local
BT exchange. You can terminate your
Easy Teledotcom
contract at any time without paying any cancellation fees, providing you
give us one (1) months' termination notice, after the initial three (3)
months from your Service commencement date had passed. However, if you
wish to terminate your account with less than one (1) months’ notice,
there’s an express cancellation administrative fee of £50. Service will
be terminated two (2) weeks after receipt of your express cancellation
notice.
If you wish to cancel your
Easy Teledotcom
service please call our dedicated cancellation team on 01225 800 889.

Easy Teledotcom may
terminate your contract or suspend Services if:

You don't pay us, by the due date, any money you owe us; or

You misuse our Service (see our acceptable usage policy)

Either you or Gradwell may terminate your contract by giving thirty
(30) days’ written notice to the other if:

If there has been a material breach of these Terms by the other
party (and this isn’t remedied within thirty (30) days of a written
notice notifying the breach)

If an event, outside its reasonable control, prevents continued
provision of the Services for more than thirty (30) days

If the other is unable to pay its debts (within the meaning of
section 123 of the Insolvency Act 1986); or becomes insolvent or
bankrupt; or is subject to an order or a resolution for its
liquidation, administration, winding-up or dissolution (otherwise
than for the purposes of a solvent amalgamation or reconstruction);
or makes an application to a court of competent jurisdiction for
protection from its creditors generally; or has an administrative or
other receiver, manager, trustee, liquidator, administrator or
similar officer appointed over all or any substantial part of its
assets; or enters into or proposes any composition or arrangement
with its creditors generally; or is subject to any analogous event
or proceeding in any applicable jurisdiction; or

By
Easy Teledotcom
only, without cause

If
Easy Teledotcom is
entitled to suspend your Service then all Charges for your Service will
remain payable by you notwithstanding such suspension. If
Easy Teledotcom is
entitled to terminate your Service (other than without cause), then
Easy Teledotcom will
be entitled to charge you for the Charges which would have been payable
to
Easy Teledotcom as if
you had provided us with a termination notice on the date of such
termination.

Fairly straightforward. You have a responsibility to pay the fees that
apply to the Services you're receiving from
Easy Teledotcom (the
‘Charges’). These Charges are payable from the day that BT confirms that
connection is complete. Recurring Charges will be collected in advance,
while one-off fees will be collected in arrears. Our billing dates fall
on the first weekday occurring at the beginning of each calendar month.

Easy Teledotcom
wireless router fee - Paid if the router (equipment) is not included
as part of a package

Easy Teledotcom
cancellation fee - Paid if costs have already been incurred by
Easy Teledotcom in
processing your order, if you cancel your order before the Services
connection date, on top of any actual costs of providing the
Services

Easy Teledotcom
reactivation fee - Paid if your account has been suspended because
of failure to pay
Easy Teledotcom
for Services

Easy Teledotcom
accepts payment by direct debit, or a
Easy Teledotcom
approved debit or credit card which you must register with
Easy Teledotcom during
the online order process. If your account or card details change you
must notify
Easy Teledotcom
immediately to ensure continuity of your Services. It is possible to
change the direct debit, debit or credit card details you have provided
online in our online billing centre. Please note that
Easy Teledotcom will
apply for pre-authorisation of the Charges before the due date of any
payment (for example, on the date you place your order in respect of
initial Charges and two (2) days before any other payment is due) and
your card provider may reserve that amount from the balance in your
account on the date the pre-authorisation is made. Actual payments are
generally deducted from your account approximately three (3) working
days prior to the activation date notified to you (for the first payment
only) and otherwise on the working day closest to the first day of the
month.

If you choose to pay by direct debit, you must pay from your own account
and will be asked to provide your Direct Debit details (bank account
number, sort code, name of bank, name of account holder). You authorize
your bank to disclose to us, and under strict obligations of
confidentiality, to our subcontractors and agents, details about your
bank account in so far as is necessary in connection with your agreement
with us and to inform us if your Direct Debit Authority is terminated at
any time. If a direct debit payment fails, we may contact you to arrange
payment of the Charges by another means (eg credit card or debit card)
and you may be liable to pay interest under this Agreement. If we cannot
contact you after a failed direct debit payment, we may suspend or
terminate the Services and this Agreement without further notice.

Please also be advised that
Easy Teledotcom
reserves the right to change prices at any time, by giving you notice in
writing which will include sending an email to the email address you
provide to
Easy Teledotcom during
the order process or which you subsequently update in the portal.

All invoices will be issued and held on the
Easy Teledotcom
website in the billing or portal area. You will need your master user
Email address and password in order to access the billing or portal
area.
Easy Teledotcom will
email you to notify you when a new invoice has been issued and you are
responsible for viewing and taking copies of these invoices.
You must pay
Easy Teledotcom all
sums due to
Easy Teledotcom in
full and you cannot deduct or withhold any part of the sums you owe us,
except as permitted by law.

Please be advised that in the event of
Easy Teledotcom not
receiving full payment for Services provided,
Easy Teledotcom have
the right to suspend or terminate your Services and take any steps
necessary to recover the amount due (including any costs incurred
collecting the funds owed).

All prices shown on our product pages are exclusive of VAT and our
invoices show VAT payable as a separate item on each invoice. In any
event you are liable to pay VAT on all Services provided.

Easy Teledotcom will
take reasonable measures to rectify any interruptions in the Services
that we provide. However,
Easy Teledotcom cannot
be held responsible for disruptions caused as a result of war, strikes,
natural disasters or other ‘acts of God’ and shall not be liable for any
delay or failure in the performance of its obligations to the extent
that such delay or failure is attributable to matters beyond its
reasonable control.

Easy Teledotcom may
need to make changes to its network or the technical specification of a
Service or may need to suspend provision of the Services for operational
or technical reasons.
Easy Teledotcom will
use all reasonable endeavours to notify you in advance of such changes
or suspension if it materially affects your Services. Obviously we’ll do
everything which is reasonably in our power to minimise the effect of
these disruptions on you.

It is technically impossible for
Easy Teledotcom to
provide a fault-free Service at all times. But, we’re committed to
providing you with a Service that has as few disruptions as possible.

If
Easy Teledotcom
reasonably believes that you are using the Services in breach of your
obligations (see ‘What are your obligations’), including use of the
Service in breach of the ‘Fair and acceptable usage policy’, we may
without liability or further notice suspend Services or in certain
circumstances terminate your contract (see above).

If your new premises are in an area that’s covered by
Easy Teledotcom's
broadband service, the Services will need be moved to your new premises,
but a connection fee will need to be paid. This is because we will need
to get BT to physically connect your new premises to our network in your
new exchange (and we are charged for this).
If
Easy Teledotcom is
unable to provide Services to your new premises, then our standard
cancellation terms of either one (1) month's notice (after the first 3
months period of Service) will apply.

You agree that you will comply fully with your obligations under these
Terms, and at all times:

Comply with the terms set out in
Easy Teledotcom's
‘Fair and acceptable usage policy’ (as published on
Easy Teledotcom’s
website from time to time) and ensure that any others using
Easy Teledotcom’s
Services via your account comply with the ‘Fair and acceptable usage
policy’ too

Keep your security information safe and tell
Easy Teledotcom
immediately if you become aware of any improper disclosure of your
security information or unauthorised use of the Services through
your account

Provide accurate information to
Easy Teledotcom
(especially during the ordering process) and ensure that this
information is always kept up to date and accurate

Ensure that your equipment and software complies with all applicable
laws and standards and that you have any necessary licenses before
you use it to connect to the
Easy Teledotcom
network and ensure that your equipment and software is compatible
with our Equipment

Only you control the content you upload or download using the
Easy Teledotcom
network. We have no responsibility for any such content

Comply with these Terms (and if you opt to use our optional email
and webhosting services, with the additional terms and conditions
which apply in addition to these Terms (see link)) and any
reasonable instructions
Easy Teledotcom
gives you.

Indemnify
Easy Teledotcom
against all losses, liabilities, costs (including legal costs) and
expenses which
Easy Teledotcom
may incur as a result of any third party claims against
Easy Teledotcom
arising from, or in connection with your use or misuse of the
Services or breach of these Terms

All amounts due to
Easy Teledotcom
shall be paid in full (without deduction or withholding except as
required by law) and you shall not be entitled to assert any credit,
set-off or counterclaim against
Easy Teledotcom in
order to justify withholding payment of any such amount in whole or
in part

From time to time,
Easy Teledotcom may
(without notice to you) review, record or check your use of
Easy Teledotcom’s
Services where
Easy Teledotcom is
required to do so to ensure compliance with any laws or regulations or
where ordered to do so by any court or other body or authority with the
power to require such monitoring and for our own internal purposes to
ensure compliance with these Terms and the ‘Fair and acceptable usage
policy’.

Nothing in these Terms shall restrict or exclude either party’s
liability for fraud or for death or personal injury caused by it or its
employees’ or agents’ negligence.

Except as expressly set out in these Terms,
Easy Teledotcom are
not liable to pay damages for any losses caused by use of the Services
or delays or interruptions.
Easy Teledotcom are
not liable to pay damages if anyone else, other than a paying member,
gains access to that member’s connection to the
Easy Teledotcom
Service, that member’s computer and other related equipment or gains
access to, destroys or distorts any data or information held by
Easy Teledotcom.

Easy Teledotcom is not
responsible for any goods or services supplied in a separate agreement
with another supplier, even if access to these goods or services is
through
Easy Teledotcom’s
network.

Except as set out in this section and the section called ‘What are your
obligations?’ and except for the requirements for you to pay all Charges
owing to us under this contract, neither party’s aggregate liability to
the other party with respect to this contract for any claims arising in
any calendar year (whether in contract, tort, arising as a result of
negligence or breach of statutory duty or otherwise) shall exceed 100%
of the Charges due in that calendar year.
Neither of us will be liable to the other for any economic loss
including, without limitation, any loss of profits, anticipated savings,
business, contracts, revenue, time or goodwill or loss of data whether
in contract, tort, arising as a result of negligence or breach of
statutory duty or otherwise or the cost of procuring substitute goods or
services provided that doesn’t include:

Charges payable

Claims for any damage to your tangible property, caused by the
negligence or otherwise by any act or omission of ours, our
employees, agents or subcontractors, whilst on your premises

You shall at all times be under a duty to mitigate any losses suffered
by you.

Each provision of this section is to be construed as a separate
provision applying and surviving even if one or more of the other
provisions of this clause is held inapplicable or unreasonable.

There are no representations, warranties, terms or undertakings, except
as expressly set out in these Terms and any others are expressly
excluded, whether express or implied, statutory or otherwise.

You and
Easy Teledotcom agree
that neither of us relied on any statement we made to each other before
entering into this contract. And we both waive any remedy which would
otherwise be available in respect of any untrue statement (unless made
fraudulently) before this contract was in force.

Easy Teledotcom may
assign your contract or any Service
Easy Teledotcom
provides to you to a third party, provided
Easy Teledotcom gives
you notice and obtains your consent (not to be unreasonably withheld,
conditioned or delayed) if the assignment may have a negative effect on
the Services
Easy Teledotcom
provides to you. You may not assign this contract or the benefit of any
Service
Easy Teledotcom
provides to you.
Any failure or delay by
Easy Teledotcom in
exercising or enforcing any rights or benefits granted by these Terms
won’t be deemed to be a waiver of any such right or benefit nor will it
prevent
Easy Teledotcom from
exercising or enforcing any such right or benefit or any other right or
benefit on any other occasion.

If a court arbitrator or any government agency stipulates that any part
of these Terms is unenforceable, the remaining Terms will still be valid
and enforceable.

These Terms do not create any rights for, or enforceable by any third
party under the Contracts (Rights of Third Parties) Act 1999.

The Terms shall be governed and construed in accordance with English law
and you and
Easy Teledotcom submit
to the non-exclusive jurisdiction of the English courts.

The Terms set out the entire agreement between you and
Easy Teledotcom
relating to the provision of the Services to you including all intended
rights and obligations and supersede any and all previous agreements and
understandings between you and
Easy Teledotcom with
respect to such provision.
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You may contact
Easy Teledotcom by
sending a message through the contact us part of the website, by sending
an email, by calling our sales and customer services telephone numbers
and any important communications (including any notices or other
communications required under these Terms) should additionally be sent
by post to the address shown on the contact us page.

Easy Teledotcom will
contact you at the email address that you provide (as set out in the
‘How do you order
Easy Teledotcom’s
Services?’ section) or which you subsequently update in the customer
portal by sending alerts to the UK mobile phone number or alternative
email address you provide to
Easy Teledotcom for
this purpose.

Over time, this is possible.
Easy Teledotcom may
change these Terms from time to time by notifying you of the revised
Terms and should any of these Terms change, we will inform you of these
changes by email.